Workers have the right to be fairly compensated for the hours that they worked. This right is protected by state and federal laws such as minimum wage laws, federal Fair Labor Standards Act, and overtime laws. If you believe that your employer has not paid you for the hours you worked, you may be able to file a wage and hour claim against your employer to recover the money you are owed. When your employer or HR refuses to listen to your concerns, Mazaheri Law Firm can advocate for you.
Our employment lawyers can help workers take legal action to pursue the unpaid wages they are entitled to by filing a claim, pursuing a lawsuit, or negotiating with employers. We can guide you through the process and work to ensure your dispute is settled fairly. Our attorneys can also provide defense and compliance counsel for employers seeking to clarify wage and hour policies.
Common disputes regarding overdue wages:
Unpaid overtime: If you work in excess of 40 hours a week, in many cases you are entitled to pay that equals 1.5 your normal rate.
Below minimum wage: As of 2016, Oklahoma's minimum wage is $7.25. Employers are required to pay workers the minimum rate or higher.
Hour violations: It is illegal for employers to require that employees work through meal or rest breaks, refuse pay for required training, or to manipulate time cards.
Misclassification of workers: Some employers intentionally misclassify an employee as an exempt category in order to avoid paying overtime.
Tipped employee violations: There are rules regarding tip credits, tip pools, and wages for tipped employees.
Proving a Wage & Hour Claim
Employers have the burden of proof to show that a wage and hour claim made by a worker is not true. This is because employers are required by law to keep accurate and thorough records of employee work hours and wage practices. When employers fail to uphold this obligation, the courts are likely to side with the employee.
Wage Pay for Work Performed Regardless of Status
At this time, the minimum wage in Oklahoma is $7.25. Small businesses may try to blur this line, keeping costs low by paying employees less than this amount. It is illegal, however, to pay a worker under this threshold, even undocumented workers. Employers many times disregard minimum wage laws or even payments due to worker's legal status in this country. The Fair Labor Standards Act dictates that after the worker has worked 40 hours in the week, he or she is to be paid time and a half of the typical wage for any additional hours worked.
Contact Us for Personalized Guidance
Our Oklahoma City employment law attorneys at Mazaheri Law Firm work closely with each client towards an effective resolution. We provide step-by-step counsel each step of the process to ensure our clients understand their options at all critical junctures.